HB 1246 — School divisions, local; work group to recommend ways to procure accessible digital tools.

SESSION INTRODUCEDHOUSE 22104448DSUBSTITUTE I22105870D HOUSEAMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Education on February 7, 2022) A BILL NO.to require the Department of Special Education and Student Services at the Department of Education to convene a work group to provide input and recommendations relating to the procurement of accessible digital tools by local school divisions.

1246Be Offeredit Januaryenacted 20,by 2022 N A BILL to amend the CodeGeneral ofAssembly Virginia by adding in Article 1 of ChapterVirginia: 13 of Title 22.1 a sectiTn accessibility.212.2:4, relating to public elementary and secondary schools;

students;convene a work group consisting of students who use accessible technology, parents of students who use accessible technology, teachers, special education administrators, division superintendents, school principals, representatives of school boards, representatives of disability advocacy groups, H accessibility testing and that have proven expertise in the evaluation of education technology, provide representatives of special education teacher training programs with an advanced background in visual impairment, and any other stakeholder that it deems appropriate to provide input and recommendations November 1, 2022, regarding (i) ways in which school divisions can effectively identify and receive responsive and responsible bids from vendors to procure digital tools, including online platforSs, courses, digital applications, information and communication technology services, and digital content, Rehabilitation Act of 1973, 29 U.S.C.

digitaR§ tools;794d(a)(2), and (ii) any statutory or regulatory changes that may assist school divisions to procure such digital tools that comply with the accessibility standard.

––––––––––S Patron––TranU OB ––––––––––S DT ReferredI toT Committee on Education –––––––––– U BeT itE enactedB byH the1 General Assembly of Virginia:

C 1.

That the Code of Virginia is amended by adding in Article 1 of Chapter 13 of Title 22.1 a sec§ 22.1-212.2:4.

Digital tools;

accessibility.

E A.

As used in this section:

D "Accessibility standard" means the same as such term is defined under § 508(a)(2) of the federal Rehabilitation Act of 1973, 29 U.S.C.

§ 794d(a)(2).

"Digital tool" means an online platform, a course, a digital application, information and communication technology services, and digital content.

"Nonvisual access" means the ability to receive, use, and manipulate information and operate controls necessary to access information and communications technology through keyboard control, synB.

The Department shall establish and revise when necessary guidelines for local school divisions that govern the purchase of accessible digital tools to be used in student instruction.

Such guidelines shall (i) incorporate, at a minimum, the then-current accessibility standard;

(ii) include info2mation on how local school divisions can incorporate the accessibility standard into their procurement pr6cesses for digital tools and assess bids for accessibility;

(iii) provide minimum requirements for the product accessibility template required in subdivision C 2 and (iv) identify examples of third-party professional accessibility testers.

C.

Notwithstanding the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) or procurement process utilized by each local school division for the purchase of a digital tool shall require, except in a case in which (i) the lowest bid received from a vendor for a digital tool that meets the standards for accessibility set forth in the guidelines established by the Department pursuant to subsection B is 20 percent higher than the lowest bid received from a vendor for a digital tool that does :

35 not meet such standards or (ii) the school division does not receive any bid from a vendor for a digital 36 tool that meets such standards:

37 1.

The digital tool procured to meet or exceed the standards for accessibility set forth in the 38 guidelines established by the Department pursuant to subsection B;

third-party professional accessibility tester to demonstrate how the digital tool conforms to the standards for accessibility set forth in the guidelines established by the Department pursuant to subsection B and to remedy any nonconforming digital tool within 180 days of receipt of notice of such nonconformity from the local school division at any time during the term of the contract.

If the vendor does not remedy such nonconformity within such 180-day period, the local school division shall notify the Department of the name of the vendor and the digital tool within 30 days;

and 3.

Each digital tool vendor to indemnify the local school board for liability resulting from the use of a procured digital tool that fails to meet the accessibility standard, including nonvisual access.

nonconforming digital tool received from any local school division pursuant to subdivision C 2.

E.

A local school board shall provide each student with a disability with access to digital tools that (i) are fully and equally accessible to and independently usable by a student with a disability and (ii) enable a student with a disability to acquire the same information, participate in the same interactions, access the same services, and derive the same benefit as a student without a disability, with substantially equivalent ease of use.

F.

If any digital tool is provided to students without disabilities and not to a student with a disability, the local school board shall implement an alternative method of instruction, including use of educational outcomes in a manner that is consistent with the student's individualized education program.

HB1246 2 of 2 2.

The provisions of subsection C of § 22.1-212.2:4, as created by this act, shall apply only to procurement processes initiated on or after September 1, 2022.